BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
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construct intimacy and to protect against misuse associated with the need to protect
the individual have to be weighed against other counter-values against individual
control over personal information; such as the need not to disrupt the flow of
international trade and commerce and the flow of information; the importance of
securing the truth, as well as the need to be live in secure environment. There are
allowable restrictions and exceptions, for example, with respect to national security,
public order (ordre public), public health or morality or in order to protect the rights
and freedoms of others, as well as the need for effective law enforcement and judicial
cooperation in combating crimes at the international level, including the threats posed
by international terrorism and organized crime.
25. The processing of personal data must be interpreted in accordance with human
rights principles. Accordingly, any of the objectives in the public interest would
justify interference with private life if it is (a) in accordance with the law, (b) is
necessary in a democratic society for the pursuit of legitimate aims, and (c) is not
disproportionate to the objective pursued. The phrase “in accordance with the law”
goes beyond to the formalism of having in existence a legal basis in domestic law, it
requires that the legal basis be “accessible” and foreseeable”. Foreseeability
necessitates sufficiency of precision in formulation of the rule to enable any individual
to regulate his conduct.”
2. The Council of Europe
(a) The Council of Europe Convention for the Protection of Individuals with
regard to Automatic Processing of Personal Data 1981
205. The Convention, which entered into force in respect of the United
Kingdom on 1 December 1987, sets out standards for data protection in the
sphere of automatic processing of personal data in the public and private
sectors. It provides, insofar as relevant:
Preamble
“The member States of the Council of Europe, signatory hereto,
Considering that the aim of the Council of Europe is to achieve greater unity
between its members, based in particular on respect for the rule of law, as well as
human rights and fundamental freedoms;
Considering that it is desirable to extend the safeguards for everyone’s rights and
fundamental freedoms, and in particular the right to the respect for privacy, taking
account of the increasing flow across frontiers of personal data undergoing automatic
processing;
Reaffirming at the same time their commitment to freedom of information
regardless of frontiers;
Recognising that it is necessary to reconcile the fundamental values of the respect
for privacy and the free flow of information between peoples,
Have agreed as follows:”
Article 1 – Object and purpose
“The purpose of this Convention is to secure in the territory of each Party for every
individual, whatever his nationality or residence, respect for his rights and